NY Elections, Census and Redistricting Update 9/22/25

This week- Redistricting Reforms Expected in 2026; U.S. House Democrats Sponsor Redistricting Reform Bill; Elections Spotlight: Unite NY, Will Western N.Y. Get a New Judicial District?, VRA Preclearance Updates, South Carolina Map Challenge Dismissed, Trump Limits Federal work Study For Elections Work; In Memorium: Elaine Frazier

REDISTRICTING

New York State Redistricting Reform Likely Next Year

While mid-decade redistricting takes place this year in Texas, California, Missouri and a few other states, New York’s state constitution prohibits mid-decade linedrawing.

Attention will likely turn to New York next year when a constitutional amendment may be on the front burner in Albany. One constitutional amendment to permit mid-decade congressional redistricting has already been introduced by Senate Deputy Majority Leader Mike Gianaris and Assemblyman Micah Lasher.

Last Friday, in an interview with the Journal News/LoHud’s Chris McKenna, Senate Majority Leader Andrea Stewart Cousins said that a redistricting reform amendment was certain that some kind of amendment would come up and be passed next year, but she indicated too early to tell what it will include.

Leader Stewart Cousins did indicate, however, that she favored retaining an independent commission and that the commission needs to be changed in light of the “fiasco” created by the poorly crafted and weak language of the 2014 amendment approved by voters.

In August, Governor Cathy Hochul indicated that she might favor eliminating the bipartisan state redistricting commission and Speaker Carl Heastie also indicated that redistricting reforms were needed.

The interview with Leader Stewart Cousins can be read here:

http://bit.ly/4ngMaI8

U.S. House Democrats Introduce “Redistricting Reform Act of 2025”

California Congresswoman Zoe Lofgren (D) and Senator Alex Padilla (D) introduced the Redistricting Reform Act of 2025 in Congress last week. The legislation, which passed in the U.S. House but failed in the Senate several years ago, would prohibit mid-decade congressional redistricting and require all states to establish independent redistricting commissions. 50 other House Democrats are co-sponsors.

Mid-Decade Redistricting

The legislation prohibits states from redrawing districts until after the next apportionment of Representatives, unless required to do so by a court. It also provides for individual right of action to compel when a map does not meet requirements of this Act.

Independent Redistricting Commission Mandate

All states must establish an independent redistricting commission (IRC) to draw and enact Congressional district maps (states that meet certain minimum standards are exempt).

IRC Composition and Selection Process IRCs are required to have 15 commissioners, evenly divided among 3 political affiliation subgroups (majority party, minority party, unaffiliated/minor party). Commission members are representative of the state’s demographic makeup and geographic regions, with enough members from racial, ethnic, and language minorities communities to give those groups a meaningful opportunity to participate in the redistricting process.

Plan Development Criteria and Rules for Enactment Requires all states to use specific redistricting criteria, in the order of priority listed, in developing congressional redistricting plans. The plans must: 1) Comply with U.S. Constitution; 2) Comply with the Voting Rights Act (VRA) and all applicable federal laws; 3) Provide minorities equal opportunity to participate in the political process and elect candidates of choice and shall not dilute or diminish their ability to elect candidates of choice whether alone or in coalition with others; and 4) Respect communities of interest. IRCs are prohibited from developing a plan that unduly favors or disfavors any party on a statewide basis and from using political data in the process, except to ensure plan compliance with certain requirements such as the first three criteria listed above and to check if a plan results in partisan bias. Requires IRCs to hold minimum number of public hearings for public comment before plan enactment and requires majority vote, including at least one commissioner from each political affiliation subgroup to enact plan.

Court-Drawn Maps and Legal Challenges

Provides that a 3-judge court will develop and enact a plan in the event of certain triggers, such as failure to meet deadlines for establishing IRC or enacting plan by IRC, subject to redistricting criteria listed above and opportunity for public engagement in process. Allows U.S. Attorney General or private citizen to sue and allows suing party choice of venue between DC or local federal court.

ELECTIONS

Elections Spotlight

Many organizations across New York engage in voter registration, get-out-the-vote, election reform, and civic engagement action around elections. We will be highlighting the work of these groups in the New York Election Law Update.

We start today with UniteNY.

Unite NY is a statewide nonpartisan grassroots organization aiming to build a stronger democracy by giving New York voters more voice and more choices. It seeks to accomplish this by educating about and advocating for 5 pillars of reform:

·      Expand ranked choice voting (RCV) to encourage more candidates to run and ensure a majority winner.

·      Open primaries to allow 3.5 million unaffiliated New Yorker voters that are currently disenfranchised to meaningfully participate (only 10 states have fully closed primaries like NY).

·      Enact reasonable term limits to limit corruption and unhealthily entrenched power (only 13 states have no term limits at all like NY).

·      Improve ballot access, since we are the hardest state in the nation to get on the statewide ballot for non-major-party candidates.

·      Create a well-considered ballot initiative process so that citizens have recourse to put questions on the ballot for a direct vote when the legislature fails to act.

Currently, New York sees chronic low turnout (around 15% in primaries) and

widespread voter disengagement. Unite NY’s poll Voter Empowerment Index shows that 67% of New Yorkers do not think the state legislature takes their community’s top issues seriously and 66% say our state’s political system is unhealthy. Meanwhile, our reforms see broad bipartisan support, with term limits the most strongly supported at 84%.

Unite NY been growing rapidly for the past two years across the state, now approaching 15,000 supporters and 1,000 volunteer signups. The recent use of ranked choice voting (RCV) in the New York City primaries demonstrated the promise of RCV to improve representation and incentivize more collaborative campaigning: Unite NY has been building on this momentum as a founding member of the Western NY RCV Coalition and by helping launch RCV Albany (@rcvalbany). In June, Unite NY partnered with Open Primaries to hold informational pickets at polls in every major city to raise awareness about the 1 in 4 voters who were barred from participating.

Unite NY’s volunteer network is continuing to educate across the state in every possible way: canvassing at public events, presentations for organizations and student groups, screenings of the film Majority Rules, and much more. The organization is working with lawmakers on new and existing legislation for the upcoming session to address these issues.

If you would like to connect, volunteer, or request a presentation/screening, please contact Unite NY at info@uniteny.org.

LEGISLATION

New Western N.Y. State Judicial District?

Both houses of the New York Legislature have passed legislation (A.8883/S.8418) sponsored by Assemblymember Jonathan Rivera (D-Erie)that would increase the number of judicial districts in New York from 13 to 15. The aim of the bill is to increase diversity in the judiciary.

The three most densely populated counties in New York’s Fourth Judicial Department are Erie, Monroe, and Onondaga. These counties contain over 25% people of color and make up 57% of the department’s population.

However, a 2024 survey showed only one Black justice and no Asian or Hispanic justices among respondents. Thus, this new bill proposed creating judicial districts within these urban counties and two for rural areas, aiming to ensure more representative and diverse judicial elections.

Opponents raise concerns about the costs of reorganizing courtrooms, impact on the Board of Regents, and that Buffalo’s judicial district will become more Democratic-friendly.

Governor Hochul will review the bill for her approval or veto.

VOTING RIGHTS ACT

N.Y. Attorney General’s Office Preclearance

Coming Soon- A Review of New York Preclearance After One Year

802 Erie County BOE- poll site locations

The changes requested are to change the location of three of Erie County’s primary and general election poll sites. Two of the poll site changes have come about because of closures of the worship sites due to financial reasons. Because of the closures, the sites can no longer be used as polling locations. One of the poll site changes is because the poll site no longer wants to be used.

All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/

AROUND THE NATION

South Carolina: League of Women Voters of South Carolina v. Alexander

The ACLU, on behalf of the League of Women Voters of South Carolina, filed a lawsuit against top state officials challenging South Carolina’s congressional map, approved in January 2022. The lawsuit argued that the map was an unconstitutional partisan gerrymander favoring Republicans and violated the state constitution. The plaintiffs sought to block the current map from being used in future elections and requested a new map.

Executive Order 14248: Voter registration/ Federal Work-Study (FWS) funds

Executive Order 14248, issued by President Donald Trump, ended the use of Federal Work-Study (FWS) funds for student employment related to voter registration and poll worker efforts. This marks a reversal of Biden-era guidance that allowed students to use FWS funds for nonpartisan civic engagement work, like helping with voter registration, assisting voters at polling places or through hotlines, and serving as poll workers. In an August 19, 2025 “Dear Colleague Letter” (GEN-25-05), the Department of Education clarified that these activities are no longer eligible for FWS funding. The change limits opportunities for students who rely on FWS wages to engage in the electoral process and reflects a broader shift toward restricting federal involvement in civic and voter engagement efforts.

IN MEMORIUM

N.Y.S. Independent Redistricting Commissioner Elaine Frazier

Elaine Frazier, a member of the state redistricting commission passed away recently. Elaine was an original commission appointee of Speaker Carl Heastie. Before joining the commission, Elaine spent many years in state government, having worked for the State Assembly, Comptroller H. Carl McCall, SUNY College at Old Westbury, Bronx Borough President, and as a member of the Albany City Redistricting Commission.

A statement released by the commission said that “Elaine’s knowledge, integrity, and compassion made her a respected colleague and a steady voice for communities often excluded from the process. She was valued not only for her work product, but also for her perseverance—continuing to serve through illness out of a deep sense of duty and obligation.

“A lifelong Democrat, Elaine worked across the aisle with respect and cooperation, building trust with her Republican colleagues. She bore no animosity toward those with different views, but this should not be mistaken for naivete. She was a fierce negotiator and strategist, unwavering in her pursuit of justice.

Chairman Ken Jenkins said, “Elaine had a rare ability to see both the big picture and the smallest detail, and she approached every challenge with curiosity, compassion, and courage. Her presence elevated every meeting, and her absence will leave a void. We will carry forward her vision and her integrity in every decision we make.”

Vice Chair Charles Nesbitt remarked, “Elaine was the most determined advocate for voting rights and fairness in the redistricting process. We will miss her candor and unique presence.”

INSTITUTE RESOURCES

The New York Elections, Census and Redistricting Institute has archived many resources for the public to view on our Digital Commons Page.

Our Redistricting Resources page contains resources on the John R. Lewis Voting Rights Act. You can access the page

here: https://digitalcommons.nyls.edu/redistricting_resources/

Archived Updates can be accessed

here: https://digitalcommons.nyls.edu/redistricting_roundtable_updates/

Please share this weekly update with your colleagues. To be added to the mailing list, please contact Jeffrey.wice@nyls.edu

The N.Y. Elections, Census & Redistricting Institute is supported by grants from the New York Community Trust, New York Census Equity Fund and the New York City Council. This report was prepared by Jeff Wice and Esha Shah.

 

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